Shivaji Shahaji Pavase And Others v. Satish Bajarang Chaudhari And Others

2025:BHC-AUG:25889 39-WP-6686-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6686 OF 2022 Shivaji Shahaji Pavase And Others

VERSUS

Satish Bajarang Chaudhari And Others *** • Mr. S. L. Bhapkar, Advocates for the Petitioners • Mr. S. S. Bora, Advocate for the Respondent No. 1 *** CORAM : R. M. JOSHI, J DATE : SEPTEMBER 22, 2025 PER COURT :

1.

During the course of hearing, learned Counsels for both sides makes joint request for expeditious disposal of the RCS No. 194/2020.

2.

The order impugned has been passed on 09.05.2022 in Misc. Civil Appeal No. 51/2020 wherein the Appellate Court has held Plaintiff and Defendants to be in joint possession of the suit property. This order is in force for a period of three years now. This Court is informed that the suit is at the stage of evidence. The suit is five years old proceedings and hence, it could be directed to be disposed of expeditiously.

Umesh

39-WP-6686-2022.odt 3.

In view of above, Trial Court is directed to decide the R.C.S. No. 194/2020 on merit as expeditiously as possible and in any case, within a period of a year from today.

4.

Since there is finding recorded by the Appellate Court about Plaintiff as well as Defendants being in joint possession of the suit property, no prejudice will cause to the parties if the order is permitted to be continued till decision of suit and hence, no interference is caused in the order impugned. 5.

Petition stands disposed of in above terms.

(R. M. JOSHI, J.) Umesh